Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)

The complex nature of many technology projects and services, and the unique issues involved in such transactions, lead to an increased likelihood of disputes.  Courts may not be the most appropriate forum for the resolution of such disputes because:  (i) they are public forums where confidentiality cannot be maintained; (ii) the adjudicator assigned may lack in-depth knowledge of the technologies involved in the dispute, the relevant industry practices and the legal and technological issues in dispute; and (iii) court proceedings are likely to lead to a significant expenditure of time and costs.
Mann Symons LLP’s principals have significant experience preparing dispute resolution provisions in technology agreements.  Beginning with appropriate escalation processes and continuing with decisions concerning the use of alternative dispute resolutions such as mediation or arbitration, these provisions can be tailored to reflect clients’ informed choices about the most appropriate means for resolving any possible disputes in the course of a technology transaction.
Mann Symons LLP's principals are frequently requested to assist in resolving disputes, including:

  • assisting clients with the development of strategies for the resolution of disputes
  • assisting clients in relation to the orderly winding up of technology projects, including preserving any legal rights
  • negotiating and documenting settlements
  • providing expert opinions on unique legal issues involved in technology transactions

Additionally, Fraser Mann acts as a mediator or arbitrator for disputes involving technology, and has significant experience advising clients in relation to disputes arising out of international transactions (including the enforcement of foreign arbitral awards).